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The Intake Process for Car Accident Litigation

A lawyer who is experienced in defending car accident cases will be able to assist you determine the potential strength of your case and how much settlement you could get. This is only possible when all the information you require is available.

Discovery is the first step of an auto accident case. In this phase, attorneys and their teams will exchange documents and discuss questions under the oath.

Documentation

A significant portion of the work involved in a car wreck investigation is gathering evidence. This can include evidence like photos, medical records, or witness statements. The more evidence you have the more convincing your case.

The first piece of evidence you need is a report from the police. The police officer who arrives at the scene will usually write a report. This report will provide important details about the incident and the person responsible for it.





If required your attorney has to use a police report to gather additional evidence. For instance, if the incident occurred in a business, an employee at that site might have recorded footage of the incident. If this is the case, request a copy of the video from the business.

It is also important to document the expenses you incur as a result of the accident. This can include medical bills and records of your treatment, receipts from medications rental car costs as well as in-home assistance or care transport costs, and many more. It is important to record any income loss due to your accident. This could include old pay stubs and tax returns.

If you can, get the names of witnesses to the accident as well. They might be able to provide valuable information, particularly if you can get them to testify in court. But, it's important to keep in mind that witnesses can alter their accounts over time, and could forget specific details about the accident.

Intake and Investigation

The process of intake is vital to getting an adequate amount of compensation for your injuries from an accident regardless of whether you've filed a claim with an insurance company or are suing the responsible party. Your attorney will begin by examining your medical records and then obtaining copies of accident reports as well as other evidence. They will also visit the scene of the accident to observe and document what they can.

auto accident law firm boise city will help them to understand the extent of injuries you have suffered, both in terms future and current costs for your emotional or physical suffering. Then, they will look at your financial losses to determine the value of your case. The damages you incur could include not just your current and future medical costs but also income loss and property damage.

Your lawyer will also conduct an investigation into the incident, including speaking with witnesses and analyzing any evidence. They will also gather the driver who was at fault and their driving phone records to determine how they were using their vehicle at the time of the collision. This is especially important if there was a collision with an Uber or Lyft car or any other evidence that suggests the driver was on the clock.

Additionally your attorney may ask questions about the defendant's criminal and traffic-related offenses as part of the discovery process. These information is generally not admissible but could be used to undermine the defendant's credibility during cross-examination.

The process of negotiating a settlement

After you've obtained the medical documents then your lawyer will begin negotiations for settlement. The insurance company may make an initial offer that is much smaller than the amount that you requested in your letter. This is a way to see how strong your case is. In the counteroffer it is important to highlight the strongest arguments you have in your favor - for instance, that the insured was entirely at the fault and that you sustained severe injuries with high medical costs. The process of negotiating back and forth should eventually lead to an appropriate and fair amount.

A skilled lawyer for accidents can successfully argue your claim's merits, by presenting evidence to justify your losses. This could include photos of vehicle damages, police reports and witness testimony. We also know how to determine the value of various elements of your claim, such as loss of income, pain and suffering.

If the insurance company is unwilling to pay an amount that is reasonable at this point, we could make a claim. A trial typically lasts up to two days and can be heard by a judge (called a bench trial) or jurors. If your case is settled before this point it can take a few months. Alternatively, your attorney may be capable of filing a motion for summary judgement. This is a way of presenting all the evidence to your advantage and arguing that it's impossible for the other side to win.

Filing a Lawsuit

In a majority of cases involving car accidents, the parties are able to settle their disputes outside of court. Our team will help you negotiate with the insurance company of the other driver or directly with the party responsible for the accident. If no agreement is reached, our attorneys will file a lawsuit against the defendant. The Complaint will include your claims and details about how the accident occurred and the reasons you are entitled to compensation. The defendant is served with the Complaint, and given a specified period of time to reply.

The discovery phase is when our attorneys and the defendant begin to exchange documents and other evidence while asking questions through interrogatories or depositions. Our team will inquire to the lawyer for the defendant about their perspective on the events, such as what injuries you've sustained and the way they believe it occurred. We will also search for experts to back our position.

During the discovery phase, your lawyer could file legal documents known as motions with the court for the decision of the judge. This may include requesting the court to block evidence or to schedule a trial. It can take up to an entire year for the discovery process to be completed and a trial date set. This is why it's vital to consult with a seasoned Long Island car accident attorney at the beginning of the process.